The World in U.S. Courts:
Summer 2013

Decisions Discussed in This Issue

Please click the links below to read a summary of the decision described. Copies of any case discussed in this issue are available upon request.

Please note that Orrick may be representing parties in the cases discussed below. Nothing in the informal summaries contained in this publication should be taken as commenting on the merits of cases, or as binding constructions of court opinions that are discussed.

Alien Tort Statute (ATS)

Court of Appeals Holds That Group Using Aggressive Tactics at Sea to Interfere with a Whaling Vessel Can Be Held Liable for Piracy under Alien Tort Statute

First Reported District Court Decision to Find That Plaintiffs Overcame Presumption Against Extraterritorial Application of Alien Tort Statute

Antitrust/Competition

District Court Approves Settlement Between U.S. Indirect Purchasers and Taiwanese, Korean and Japanese Defendants in TFT-LCD Price-Fixing Case

District Court Denies Motion for Judgment for Acquittal or for New Trial of Taiwanese Citizen Convicted in United States for Price-Fixing under Section 1 of the Sherman Act

Making False Representations to Standard Setting Organization and Bringing Patent Infringement Litigation in China Does Not Support Antirust Action Based on Claim of U.S. Injury

Criminal Law

U.S. Law May Punish Crimes Occurring on the High Seas

New York Federal Court Rejects Evidence Regarding Foreign Bank Privacy Laws

Government Official’s Jet Returned

New Jersey District Court Upholds U.S. Criminal Jurisdiction in Foreign Waters for Drug Trafficking

Extraterritorial Conduct Targeting American Citizens or Interests is within U.S. Criminal Jurisdiction

Incidental Contacts Insufficient For Jurisdiction over Essentially Foreign Conspiracy

Export Controls/Economic Sanctions

Intesa Sanpaolo Settles Enforcement Action for Alleged Violations of U.S. Embargo Against Cuba, Iran and Sudan

Intellectual Property (Copyright)

District Court Dismisses Contributory Copyright Infringement Claim Involving Sales Outside the U.S. for Failure To Identify Particular Examples of Infringement

Intellectual Property (Trademark)

Court Denies Summary Judgment in Multinational Counterfeiting Case

Intellectual Property (Trade Secrets)

Difficulty Effecting Service of Process for Foreign Defendants Can Indefinitely Delay Trade Secret Suits

Personal Jurisdiction

No Personal Jurisdiction Over Irish Medical Manufacturer Under Georgia Long-Arm Statute Despite Defendants’ Business Dealings Within the State

European Manufacturer’s Sale of Motorcycle Tires Through Independent Distributors Not Sufficient to Establish General Personal Jurisdiction Over Manufacturer Under Pennsylvania Law

Court of Appeals Orders Jurisdictional Discovery of Defendants Accused of Supporting Terrorism

Personal Jurisdiction Cannot Be Established by Sporadic, But Long-Term Business Activities

Illinois Supreme Court Finds “Specific” Personal Jurisdiction Over French Manufacturer That Only Sold Related Products In The State

Employment Agreements and Email Exchanges Insufficient to Establish Personal Jurisdiction

No Personal Jurisdiction Over Kenyan Bank Under New Jersey Law Based on Dealings in New York

RICO

RICO Claim Cannot Be Based on “Pattern of Racketeering Activity” Occurring in Ukraine

D.C. District Court Examines Location of Pattern of Racketeering Rather of the Than Enterprise

Florida Federal Court Dismisses RICO Claims for Failure to Plead with Particularity

Securities Law Enforcement

Claims for Fraudulent Conduct In Connection With Domestic Offers of Securities Are Actionable Under Section 17(a), Even if the Offer Resulted In an International Sale

An International Investor Sufficiently Pled a Section 10(b) Claim by Alleging That Its Irrevocable Purchase of Securities Occurred With Its Delivery of Funds to Entity in United States

District Court Finds Defendants’ Conduct to be U.S.-based on Receipt of International Investor’s Funds in U.S. Bank Account

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U.S. Laws Discussed in This Issue

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